ARLINGTON -- After years of litigation, including an appeal to the U.S. Supreme Court, Arlington has reached a settlement with a group of residents who allege the city failed to ensure its sidewalks were accessible to people with disabilities.
Richard Frame, a quadriplegic resident, sued Arlington in 2005 over the lack of accessible sidewalks and curb cuts that he said were required under the federal Americans with Disabilities Act.Over the years other plaintiffs from Arlington joined the case, citing problems such as broken, unconnected or obstructed sidewalks, missing or badly sloped curb ramps and inadequate handicap parking that made getting around town difficult for them.Under the settlement approved by the Arlington City Council late Tuesday, Frame does not receive any money. However, the city will pay about $310,322 in attorney fees and expenses for the plaintiffs.The city has also agreed to correct about 50 accessibility issues involving curbs, sidewalks and driveway crossings that the residents identified along specific streets, according to court documents. Those improvements, which the city has about two years to complete, will cost an estimated $200,000, officials said Wednesday.Attorney David Ferleger, who called the settlement groundbreaking and nationally significant, said it will spur Arlington "to fix what ought to have been fixed years ago" and create accessibility for those who depend on wheelchairs or other devices for mobility."The city now recognizes its obligations under the Americans with Disabilities Act. The city also agrees when a complaint is made about the lack of access that fixing the problem becomes a high priority," Ferleger said. "We had a hard fight up to and through the Supreme Court of the United States, but the city is doing the right thing."Back to district courtArlington has continually denied it was violating ADA requirements and argued unsuccessfully in court that sidewalks were facilities, not a service or programs, and therefore should not fall under the federal guidelines. But after the Supreme Court denied hearing the city's appeal in February, the case was sent back to district court to determine which of Arlington's sidewalks were accessible and which were not."The settlement gives us the definitive list of what needs to be done and a process going forward," said City Attorney Jay Doegey."It's always been, from the standpoint of the city, about making sure the facilities work and people have access to our programs and that we have the resources to make modifications that need to be made," Doegey added.In 2011, the 5th U.S. Circuit Court of Appeals ruled that building inaccessible sidewalks perpetuates the "isolation and segregation" of disabled individuals and is the type of discrimination the ADA prohibits.The court ruling also stated that Congress anticipated that Title II of the ADA would require local governments "to provide curb cuts on public streets" because the "employment, transportation, and public accommodation sections of [the disabilities act] would be meaningless if people who use wheelchairs were not afforded the opportunity to travel on and between streets."Some have expressed concern that the lawsuit could force municipalities to spend millions of dollars to repair and alter thousands of miles of sidewalks and other public structures.In the suit against Arlington, the plaintiffs identified hundreds of intersections and sections of sidewalk with problems ranging from lack of curb ramps, uneven or unstable surfaces, or obstacles that blocked a wheelchair.That list was greatly reduced while the litigation was pending, Doegey said. In some cases, Arlington had already made improvements. In others, identified areas were either later determined to fall outside of the city's jurisdiction or to already meet federal guidelines according to the time frame they were built, according to a city staff report.Remediation scheduleThe city has 25 months to remediate the remaining violations, which includes sections of sidewalk along Bowen Road, West Pleasant Ridge Road, California Lane and Valley Spring Drive. Information about the status of those projects will be posted on the city's website."The complaints were partially justified. We do, in certain areas of the city, have bad sidewalks," said Arlington Mayor Robert Cluck, adding that sidewalks are an important asset and the city will continue working to improve accessibility.The settlement also calls for the city to adopt the ADA pedestrian facility access policy and process, which Ferleger said "will benefit people for decades to come and ensure access to the city streets and facilities for people who live in Arlington and who visit."Although not required under the agreement, Arlington also plans to hire a full-time ADA coordinator this fiscal year to respond to citizen accessibility concerns and help ensure compliance at city facilities, Doegey said.The council approved $84,700 in salary and benefits for the position in the fiscal 2013 budget, officials said.This report includes material from the Star-Telegram archivesSusan Schrock, 817-709-7578Twitter @susanschrockHave more to add? News tip? Tell us
